PRESS RELEASE – Civil proceeding for Protection from Discrimination

We want to inform the public that the Miroslava – Mima Ivanovic, from the Association of Youth with Disabilities of Montenegro (UMHCG /AYDM) through her attorney lawyer Tijana Zivkovic, involved in the project: “Free legal aid to marginalized groups” which CEMI conducted with the support of the EU Delegation to Montenegro, on the second of December 2013th, filed a civil proceeding for protection from discrimination because of inaccessibility, against the Parliament to the Basic Court in Podgorica. On this occasion, today at 10 a.m., first, preparatory hearing was held.

With this civil proceeding from the second of Decembre 2013, three cases of discrimination are included by Miroslava – Mima Ivanovic by the Parliament, as follows:

1) Ninth of September, 2013. on the occasion of the 60th anniversary of the entry into force of the Convention for the Protection of Human Rights and Fundamental Freedoms;

2) The first of October, 2013. on the conference named “Implementation of European standards against discrimination”

3) Tenth of October, 2013. on the session of the Working Group to build confidence in the electoral process for explaining the amendments to the AYDM together with the Association of the Blind of Montenegro submitted to the Law on Election of Deputies.

Considering that after the filing of the this civil proceeding, another case of discrimination occurred on eighteen of December, 2013th when the plaintiff attended a meeting of the Committee on Economy, Finance and Budget, at today’s preliminary hearing, supplemented by the facts, and therefore increased and the claim of 7,500 to 10,000 euros. Because of these cases, on the basis of the Anti-Discrimination Act and the prohibition of discrimination against persons with disabilities, plaintiff seeks from the Parliament to take all necessary measures that discrimination like this would not be repeated.

Alleged discrimination under the provisions of this law shall be considered a serious case of discrimination because he repeatedly made ​​by the same person – repeated discrimination.

At today’s hearing, respondent, represented by the deputy protector of property interests, Slavica Laković, did not dispute the inaccessibility to the building of the Parliament, nor the presence of plaintiff-mentioned events. Due to undeniable inaccessibility to the building of the Parliament, the court refused to exit the scene to determine the same. The first main debate of the trial has been scheduled for 20 March at 12a.m., when, in addition to the witnesses to be heard as a party plaintiff. We thank Judge Danilo Jegdić, who had an understanding to held today’s hearing in the courtroom on the first floor, which is accessible to the plaintiff, although it was originally planned to be held in the courtroom on the second floor.

To avoid scheduling the next hearing in inaccessible courtrooms, UMHCG (AYDM) will be writing to the President of the Municipal Court Mr. Zoran Radović.

This civil proceeding against the Parliament is not only a civil proceeding against an institution that violates the laws which she had brought, but also a great reminder for those who violate legal norms that protect the rights of persons with disabilities. So, if they continue with this practice, people with disabilities will not be silent but will seek a protection for their rights in court.

Therefore, this is also a appeal to all owners of buildings used by the public to do the same accessible to persons with disabilities, in order to avoid the situation that in addition to the cost of construction, shall bear the costs of court fees and pay damages for suffered discrimination.

Program Assistant in UMHCG (AYDM) Miroslava – Mima Ivanovic